Legal Opinion
McCrae v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided October 2, 2007PublishedCited by 4 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Robert D. Lippman, J.), entered September 8, 2006, which, to the extent appealed from, granted defendant New York City Transit Authority’s motion to dismiss plaintiffs cause of action for conscious pain and suffering, unanimously affirmed, without costs.
The court properly dismissed the cause of action for conscious pain and suffering against the Transit Authority. Plaintiff s notice of claim was not served within the requisite 90-day period after the claim arose (General Municipal Law § 50-e [1] [a]), and no motion for leave to file a late notice of…
2Cases cited3 opinions
- Pierson v. City of New YorkNew York Court of Appeals · 1982
- Rodriguez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1991
- Walker v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2007
3Cited by4 opinions
- Williams v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2011
- Martinez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008
- Matter of Haunted Forest, LLC v. Town of WilsonAppellate Division of the Supreme Court of the State of New York · 2025
- Torres v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2011